Graham v. State

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DEMHAR A. GRAHAM, ) ) Appellant, ) ) v. ) Case No. 2D14-2750 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed January 6, 2016. Appeal from the Circuit Court for Highlands County; William D. Sites, Judge. Howard L. Dimmig, II, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Bilal A. Faruqui, Assistant Attorney General, Tampa, for Appellee. MORRIS, Judge. Demhar Graham appeals his convictions for second-degree murder and tampering with physical evidence. We affirm his convictions without comment but remand for the trial court to enter a written order, nunc pro tunc, reflecting its oral finding that Graham was competent to proceed. See Fla. R. Crim. P. 3.212(c)(7) ("If, at any time after such commitment, the court decides, after hearing, that the defendant is competent to proceed, it shall enter its order so finding and shall proceed."); see, e.g., Carroll v. State, 157 So. 3d 385, 386 (Fla. 2d DCA 2015); Williams v. State, 130 So. 3d 763, 764 (Fla. 2d DCA 2014). Affirmed; remanded with directions. VILLANTI, C.J., and BADALAMENTI, J., Concur. -2-